HomeMy WebLinkAbout20081641 Ver 1_401 Application_20081008Office Use Only: Form Version March 05
08-1641
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
WIN
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Waters ules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 27
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: Q v n
p , ?°J 1r)
II. Applicant Information
0-1; 3 0 2008
1. Owner/Applicant Information
DEP1R -OCER l1UAlln CH
Name: Nita and Tony Langer wnn Togmyx p,BRPI
Mailing Address PO Box 238
Deep Gap, NC 28618
Telephone Number: 336-877-1590 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Lvnn Caldwell. Restoration Director
Company Affiliation: National Committee for the New River (NCNB)
Mailing Address: PO Box 1480, West Jefferson NC 28694
Telephone Number: 366-982-6267 Fax Number: 336-982-6433
E-mail Address: Lynn )ncrtnorg
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
Page 1 of 9
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Langer ject
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 15235-018
4. Location
County: Ashe Nearest Town: Fleetwood, NC
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From West Jefferson, go
south on US Highway 221 for 8.5 miles. Turn right at #10930 into driveway. Note:
driveway is gated. Must have code for access.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36. 298139 °N 81.508931 °W
6. Property size (acres): 169.532 acres
7. Name of nearest receiving body of water: South Fork New River
8. River Basin: New River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: See attached plan. This small, unnamed tributary is a first
order stream with a drainage area of 0.017 sq mi. The watershed is mostly wooded with a
small second growth pasture along the left bank from the culvert to the South Fork New
River (SFNR). Some logging activities have occurred in the past on the mountain slopes in
the stream's headwaters. Presently, there are no ongoing _agricultural, livestock or forestry
practices occurring at the site and it is part of a 50 acre conservation easement
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10. Describe the overall project in detail, including the type of equipment to be used: The 325 if
of stream from the culvert to the SFNR is the proposed work area. Five sites have been
identified totaling approximately 325 if in need of bank stabilization. All work will be done
from the top of the bank by a trackhoe with a hydraulic (preferred) or mechanical thumb.
Methods to be used are bank reshaping with the use of root wads and log vanes and
revegetation to provide long-term bank stability (see attached plan). In addition to bank
stabilization, an existing, undersized 12" CMP culvert will be replaced with a 36" CMP
culvert capable of carrying high flows during storm events. The new culvert will be placed 1
ft below the normal stream bottom so that aquatic organisms can move freely through the
culvert. Care will be taken to put out groundcover mixture and straw or coconut fiber
matting as each phase of the project is completed. No soil will be unprotected for longer than
24 hours.
11. Explain the purpose of the proposed work: The purpose of this work is to repair and stabilize
the eroding of this small, unnamed tributary to the South Fork New River on the Langer
property. This will improve gquatic habitat and reduce the amount of sediment entering state
wntPrc
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
None anticipated at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
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wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Less than 0.1 acres will be disturbed
during the restoration process. Impact will be minimized by seeding and the installation of
straw and/or fiber matting within 24 hours of disturbance.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
NA
Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: 0
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial Average Stream Impact Area of
Number Stream Name Type of Impact Width Before Length Impact
(indicate on ma Intermittent? Impact linear feet acres
Unnamed Replace existing
6.9 ft BKF
2 ft
1 tributary to the 12"culvertwith Perennial ,
actual l channel 20 02
0
South Fork 48" X 20' CPP width .
New River culvert
Unnamed Cross vanes and 6.9 ft
2,3,4,5 tributary to the restore to original perennial 305 0
21
South Fork channel. Slope .
New River banks as needed
Total Stream Impact (by length and acreage) 325 0.23
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5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, floodin , drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
NA
Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.23
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): 0.23
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area: 0
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The proposed work and
associated impacts are intended to stabilize eroding streambanks at five locations on the
unnamed tributary to the South Fork New River at the Langer property with minimal stream
impacts. All heavy equipment will be kept out of the stream channel during construction.
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Permanent vegetation will be planted on all bare soil within 24 hours of ground disturbing
activities. This will be covered with straw and/or coconut fiber matting and livestakes planted as
soon as weather permits. Trees and shrubs will be planted along the streambanks at work sites
and non work sites.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/iicwetIands/stmigide.htni1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
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additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 02B.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
s uare feet Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5
Page 7 of 9
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213.0242 or.0244, or.0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. There is no impervious acreage at the site and no
impervious acreage will be created as a component of this project. The proposed riparian buffer
should adequately filter and absorb storm water runoff.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes E] No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
llttp://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This
project will serve to stabilize the banks of 325 if of the unnamed tributary to the South Fork New
River and provide improved habitat for aquatic species. It will reduce erosion on the Langer
property and decrease off site sediment impacts to the South Fork New River.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
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work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
/1 -- .2 2
Applicant/Agent's Signature Date
Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
I, Tony Langer, designate Lynn Caldwell of the National Committee for the New
River (NCNR) to act as my duly authorized agent concerning all US Army Corps
of Engineers and NC DENR permitting regarding the streambank restoration
project on my property on an un-named tributary to the South Fork New River in
Ashe County, NC
Tony Langer
Name
10930 Hwy 221 South, Deep Gap, NC 28618
Address
336-877-1590
Phone number
Email address
S1
Fax number
Date
UT-South Fork New River at Langer Property, March 2007
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Rock Vane UT South Fork New River Feet
0 75 150 '
Rock Crossvane Parcel Boundaries Prepared by NCNR 2008 Icy r?, ?'
Source: Ashe County Tax Mapping
Feet
0 1,750 3,500
Langer Parcel Boundaries
Prepared by NCNR 2008
Source: Ashe County Tax Mapping
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I
LANGER STREAMBANK STABILIZATION PROJECT ON AN UNAMED
TRIBUTARY TO THE SOUTH FORK NEW RIVER,
ASHE COUNTY, NORTH CAROLINA
Prepared for the National Committee for the New River, West Jefferson, North Carolina
July 19, 2008
Prepared By
Foggy Mountain Nursery, Lansing, North Carolina
Introduction
The National Committee for the New River proposes to stabilize approximately 325 linear
feet (If) of eroding streambank through it's River Builder Program on an unnamed tributary to
the South Fork New River. The site is located on the Langer property in the Todd - United
States Geological Survey Quadrangle (Figure 1). Site visits were made on January 16 and July
10, 2008 to determine the type of measures needed to stabilize the eroding streambanks. This
proposal outlines five sites (Figure 1) that need to be addressed and the methods to correct the
problems.
Project Description and Methods
This small, unnamed tributary is a first order stream with a drainage area of 0.017 sq. mi.
The watershed is mostly wooded with a small pasture along the left bank from the culvert to the
confluence with the South Fork New River. The 3251f of stream from the culvert to the South
Fork New River, proposed work area, is a class C entrenched stream type (Rosgen 1996). Above
the culvert the stream is a class B stream type (Rosgen 1996). One cross-section survey was
collected that is representative of bank erosion problems at the site (Figure 2). Four sites have
been identified totaling approximately 1001f in this 325 if reach in need of bank stabilization.
Methods to be used are bank reshaping (Figure 3), root wads (Figure 4), and log vanes (Figure
(Figure 1), or a combination of these methods, and revegetation (Table 1). In addition to bank
stabilization, an existing, undersized 12" CMP culvert will be replaced with a 36" CMP culvert
capable of carrying high flows during storm events.
Once a bank repair site has been completed, disturbed soils will be reseeded with a temporary
and permanent ground cover seed mixture and covered with straw and/or an erosion control
blanket. Disturbed streambanks will also be planted with native shrub and tree species (Table 1)
to provide a deeper root system for long-term bank stability.
Conclusion
These bank stabilization measures will reduce off-site sedimentation and provide in-stream
habitat for aquatic resources in this small, unnamed tributary. Establishment of an improved,
vegetated buffer will provide long term bank stability, filter out pollutants, and provide cover and
food for many wildlife species.
Literature Cited:
Rosgen, D. L. 1996. Applied river morphology. Printed Media Companies, Minneapolis,
Minnesota.
FIGURE 1. Langer streambank stabilization site showing location on USGS Todd Quadrangle an
aerial view, unnamed tributary to South Fork New River.
2
N 3. ?
Feel
0 75 t30
Aepated bj NCNR 20015 <z
Sxuce Aoe Cautty Tex Mepprtp ?? ""??
FIGURE 2. Cross-section with pictures showing the vertical bank erosion on the unnamed
tributary, Langer site, Ashe County. Cross-section view is looking downstream. Pictures are of
the same cross-section looking upstream.
98
97
96
iR 95
c
p 94
>
m
w 93
92
91
90
0 5 10 15 20 25 30 35 40
Width from River Left to Right (ft)
dimensions
4.8 x-section area 0.7 d mean
6.9 width 8.9 wet P
1.6 d max 0.5 h yd radi
5.0 bank ht 10.0 /d ratio
20.0 W flood prone
area
2.9
ratio
rent
Pictures of the cross-section location taken on January 16 and July 10, 2008.
3
FIGURE 3. Typical bank grading plan for the unnamed tributary to the South Fork New River,
Langer site, Ashe County.
Cross-section view after work
Pasture grasses, little valve for bank
stabilization or stream shading.
Vertical bank showing area to be
reshaped.
Herbaceous vegetation.
Live stakes 18" to 24" in length.
Erosion control blanket 4
- 8 ft wide, anchored with
wooden stakes/live stakes.
14
4
Cross-section view before work (existing condition)
Rooted trees, 2' to 6' tall.
FIGURE 4. A typical root wad structure showing plan and cross section views. NOTE: Footer logs
(optional) should be >8" diameter and installed below the streambed. Root wads should be 8-14 ft long and
>10" diameter. Large boulders should be placed in gaps between root wads. Fill materials from the site
should be placed behind the root wads and boulders, covered with an erosion control mat and seeded and
trees planted on top of the bench.
FIGURE 5. Typical log vane structure used to protect the bank toe from erosion and provide in-
stream aquatic habitat.
PLAN VIEW
Angle
End of log
buried a
minimum c
ft into the
bank at inn
berm or
bankfull
elevation.
PROFILE VIEW
4 4
4
Bank slope 2-7°, small streams up to 20°
Flow
Scour
U-1-
Footer
6
c .
TABLE 1. Mountain Region native plant list prepared by the Stream Restoration Institute, North
Carolina State University.
TREES SMALL TREES/SHRUBS
Yellow buckeye Aesculus octandra Tag alder Alnus serrulata
Cherry birch Betula lenta Serviceberry Amelanchier arborea
River birch Betula nigra Red chokeberry Aronia arbutifolia
Bitternut hickory Carya cordiformis Common pawpaw Asimina triloba
Shagbark hickory Carya ovata Sweet-shrub Calycanthus floridus
Persimmon Diospyros virginiana
Green ash Fraxinus pennsylvanica
Silverbell Halesia caroliniana
Blackgum Nyssa sylvatica
Sycamore Platanus occidentalis
Black cherry Prunus serotina
Black willow Salix nigra
White basswood Tilia heterophylla
White pine Pinus strobus
Canadian hemlock Tsuga Canadensis
Carolina hemlock Tsuga caroliniana
Ironwood Carpinus caroliniana
Leaf dogwood Cornus alternifolia
Silky dogwood Cornus amomum
Hazelnut Corylus americana
Witch-hazel Hamamelis virginiana
Winterberry flex verticillata
Doghobble Leucothoe axillaris
Spicebush Lindera benzoin
Ninebark Physocarpus opulifolius
Wild azalea Rhododendron periclymenoides
Silky willow Salix sericea
Note that this list is not all inclusive and addition native species can be added as needed.
7